In an indefinite court decision, the creditor can collect the local court decision through enforcement proceedings. The party who is the creditor in the case can apply to all ways to collect the receivable while the case file is still under the review of the Court of Cassation, there are only obstacles in the realization of the sale of immovable.
The debtor can refrain from making payments while the case file is under review in a higher court. In this case, there are two ways the debtor can try. The first of these ; While the debtor party appeals the decision of the local court, it can wait for a decision from the Supreme Court by stating the requests for postponement of execution. In this case, the Court of Cassation accepts or rejects the execution and it is determined by the Court of Cassation whether the local court decision can be enforced or not.
The other way is for the debtor who does not state or forgets to specify the postponement enforcement request while appealing. When the creditor wants to collect the local court’s decision through enforcement, he/she must first send the request for enforcement to the Court of Cassation, as a result of depositing a security to the account of the directorate in the directorate, where the enforcement proceedings have started, by receiving a notification from the local court that he has appealed this decision. Appropriate time is requested for the return. The Executive Director will give the debtor an appropriate period of time if he meets the conditions in Article 36 of the Enforcement and Bankruptcy Law. This deadline given by the Executive Director is not a final decision like execution. to the debtor; It consists of a period of time for the Court of Cassation to submit a request for pending enforcement to the Court of Cassation and for the Court of Cassation to decide on this request and notify the parties of the case. This period starts from the day the case file goes to the Supreme Court.
